Charges register - Manorial rights, mining and minerals

Jimbom

We are in the process of buying a house and the Land Registry document has highlighted that there is a charge over the property in respect of manorial rights relating to all mines, minerals, material and substances of every description. This charge was registered in Sep 2013 and the beneficiaries are two trustee companys.

From doing a little research I see it's not unusual for the surface land owner and the underground land owner to be different and that there was an Oct 2013 deadline for any interests to be registered.

I'm guessing that the charge is either the historic owner formally registering their right or a speculative attempt to 'land grab' before the deadline but is there anything else I can do to ensure there is nothing untoward going on. From what I can see both trustee companys are live but not trading and both have the same directors but other than that I'm not sure what else to do.

The house is in Newark, north east Nottinghamshire if that makes a difference

Any opinions or advice would b much appreciated

Thanks

da_rule

Often when large estates were split up and sold the 'Lord of the Manor' would retain certain interests, these could be hunting/fishing rights or rights to anything under the property (the potential to mine etc). These rights would then often pass with the manor, or could be sold. A company may now hold the rights over the property but would probably be inactive as there isn't much mining activity anymore. And it is a bit of a nightmare in terms of being able to actually access the ground under the property without damaging the property on it.

hotpot1000

anything to do with fracking?

spacey2012

Yes Fracking, the previous owners should have objected to the ancient law been used, there is even a website that will object for you.
basically works similar to a statutory demand where if nobody can be bothered to object it goes through.

Not a very good position to be in taking on a property with an outstanding charge against it.
I would inform the solicitor the buyers will have to seek to have it removed.

Jimbom

Thanks for the replies so far and please keep them coming

Spacey2012 do you have a link to the website you mention

Also could you confirm that it is us as the buyers that will have to seek to have the charge removed or did you mean the vendors